Judge acquits six BOPE police officers accused in the death of manager in robbery at Banco do Brasil de Miguel Alves

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By Adriana Magalhães and Caroline Oliveira

Judge Danilo Melo de Sousa, from the Single Court of the District of Miguel Alves, in a decision this Wednesday (27), acquitted six military police officers who were involved in the death of manager Ademyston Rodrigues Alves, aged 34, when he was taken hostage by bank robbers in 2013 in the city of Miguel Alves. During the exchange of fire, three bandits were killed.

The case occurred on April 30, 2013, when five armed bandits robbed a Banco do Brasil branch in the city of Miguel Alves. During the escape, manager Ademyston Rodrigues and another hostage were taken by the bandits. At a police barrier, the criminals did not stop, and then an exchange of gunfire took place, which ended with the death of three criminals and also the manager. The other hostage, who was in the trunk, survived. At the time, two criminals managed to escape.

The Public Ministry filed a criminal case for qualified homicide against the six police officers, who at the time were part of the Special Police Operations Battalion (BOPE). They were responding for the death of the manager and also the assailants who were killed, identified as Maylon Melo de Sousa, Horlean Pereira Araújo and Higo Flores da Silva. In the action, the MP alleged that the police officers acted with possible intent, after firing firearms at the robbers’ vehicle, given the foreseeable existence of hostages. However, he changed his position and asked in his new opinion that the defendants be acquitted, as he understood that there was no crime.

“Throughout the course of the process, three prosecutors dealt with the case and the understanding of the action was modified. The Public Prosecutor’s Office itself understood that there was no crime, that the police acted within the doctrine and in accordance with the rules of crisis management. Furthermore, It was clear that the police officers were not aware that there were hostages inside the vehicle”, explained lawyer Auro Costa, who defended the police officers.

Photo: Archive/Cidadeverde.com

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As for the defense of the police, highlighted that the police did not know of the existence of hostages, that due to the region where they were, they were unable to communicate and that although the assailants fired shots at the police, the immediate reaction was not to fight back. He also highlighted that the first confrontation occurred when the robbers got out of the vehicle and shot at the police.

“The shot to the abdomen reached the flank region and lacerated the victim’s liver. This shot was fired with a 12-gauge shotgun, used by the criminals. The other wound found on the victim’s body was in the head and would have been caused by the weapons used by the criminals. police officers. It was not possible to specify which shot took his life, despite both having legal potential”, said the lawyer.

In the decision, judge Danilo Melo understood that the police officers acted in self-defense and that they did not know about the existence of a hostage.

“The defendants coherently reported their actions, clarifying communication attempts and failures on radios and cell phones. This failure in communication, a reality in Miguel Alves even today, especially when it comes to cell phones, made it impossible for the police to be aware that the robbers were taking hostages. Even so, the way in which the hostages were taken, inside the vehicle, atypical for Novo Cangaço standards, as well as the incessant shooting, made it impossible for them to have this knowledge when they saw the robbers’ vehicle approaching”, said the judge in the decision. .

He also highlighted that with the ballistic report and examinations carried out, it was considered uncertain who caused the manager’s death, and that the experts only showed that the shot was at close range. The judge reinforced that the caliber of the weapon that hit the manager was not used by the police.

“It turns out that the military police officers did not carry 12-gauge weapons, such as shotguns or shotguns, and, every time they were questioned in the case, they explained that this type of weapon is not used by the police in situations of this nature, involving a risk of robbery. to banks. Due to technical criteria, the weapons recommended for operations of this size are long-range, with greater firepower and efficiency in the event of a confrontation”, he pointed out.

He then ordered acquittal. “Therefore, for if it characterizes strict compliance with legal duty, it is enough for the agent to have legal authorization to act in a given situation, even if it causes harm to the legal interests of others, as seen in the records. Furthermore, to characterize self-defense, It is necessary that the agent’s reaction is carried out in the face of an unjust aggression and that the means used to do so are proportionate, as is the case in this case. Therefore, the elements necessary for the strict fulfillment of the legal duty and the configuration of self-defense are present.”concluded.

Communication to police officers

Military police officers were informed today by their lawyers of the court’s decision. They are not authorized by the corporation to speak about the case, but through their lawyers they expressed their relief at the decision.

“We came here [sede do Bope] personally to bring this good news to them. We’ve already managed to speak to three of them, or the rest are working on the street. They were relieved with the decision, after all there were 11 years of accusations and doubts about their capabilities”, said lawyer Erika Lebre, who also defended the police officers.